Application for C.D.C
Application for C.D.C.(1) Any person who fulfills all the eligibility conditions as specified in rules 4 and 5 of these rules, for the issue of a CDC, may apply to the shipping master atNau Bhavan, 10, R.K. Marg, Ballard Estate, Mumbai-400001orThe shipping master, Shipping Office, Marine House, Hastings, Calcutta - 700 022orMercantile Marine Department, Anchorgate Building, 2nd floor, P.B.No.5004, Rajaji Salai, chennai-600001, by registered post.
(2)
Every such application shall be in the format as
specified by the Director General of Shipping, from time to
time and shall be accompanied by two copies of the:
- applicant’s
recent photograph,
- copies of relevant certificates or
documents duly attested by a Gazetted Officer as proof of
eligibility, and
- a signed declaration to the effect that the applicant
has not previously been issued a CDC and has not submitted an
application for CDC to any other shipping master,
- a fee
of five hundred rupees (non refundable).
(3) Eligibility conditions for applicant seaman other than Certificated Officers -
(1) The applicant should be a citizen of India;
(2) Age limit -
Note
1- The crucial date for determining the age-limit
shall be the closing date for receipt of application.
Note
2- Normally, the date of birth as mentioned
in the School Leaving certificate shall be
accepted as proof of evidence of date of
birth of an applicant. In respect of
ex-Naval applicants, the date of birth indicated
in Form No. Indian Navy 271 shall only be the
proper documentary proof to this effect.
(3) Educational Qualifications :
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– CDC in the category of Utility Hand shall be issued only
if candidate is sponsored by a shipping company.
(4)
For Medical fitness, the applicants should
possess a certificate in the prescribed
form issued in Annexures “E” and “F” of the
Merchant Shipping ( Medical Examination) Rules ,
2000, to the effect that he is medically fit to be
employed on board ships.
(5)
An applicant for issue of CDC as Deck, Engine and Catering
(Saloon) Trainee shall have successfully completed the
pre-sea training for ratings from an approved training
institute as prescribed under sub-clause (b) of clause (ii)
of sub-rule (2) of rule 28 of the Merchant Shipping
(Standards of Training, Certification and Watchkeeping for
Seafarer’s) Rules, 1998.
(6)
An applicant for issue of CDC shall have undergone the
basic familiarization training and instructions as
prescribed under sub-rule (1) of rule 33 of the Merchant
Shipping (Standards of Training ,Certification and
Watchkeeping for Seafarer’s ) Rules, 1998
(7)
An applicant shall not hold any C.D.C. issued
earlier by any Shipping Master in
India.
(8)
In case of issue of CDC on compassionate grounds, the
Director General of shipping may relax any or all of the
provisions of this rule except sub-rules (5) and (6) of this
rule in respect of all categories.
(9) Notwithstanding anything contained in sub-rules (2) to (5) and (7) of this rule, an
applicant, who is a member of any Scheduled
Tribe, of the Union Territory of the Andaman and
Nicobar Islands or the Union Territory of Lakshadweep
and is of the age of not less than 18 years and not
more than 40 years, shall be eligible for obtaining a CDC
if he -
(i) has served as a seaman or a ships crew or both in the
capacity for which he seeks a CDC for not less than 3
years at sea within the previous 7 years preceding the date of application:
(ii) has produced evidence that he has performed such
sea service for a period of not less than three years; and
(iii) is in possession of a certificate in the prescribed form set out in Annexures “E” and “F” of the Merchant Shipping (Medical Examination) Rules 2000, to the effect that he is medically fit to be employed on ships; and.(iv) has undergone the basic familiarization training and instructions as prescribed under sub-rule (1) of rule 33 of the Merchant Shipping (Standards of Training, Certification and Watchkeeping for Seafarer’s) Rules, 1998.
(10) Notwithstanding anything contained in sub rules (2), (3) and (5) of this
rule, an applicant who has been working on board foreign
going vessels of any flag in any capacity without CDC
issued by Indian authority during the period between 1st
January 1982 and the date of notification of these Rules in
this Official Gazette for a minimum period of not less than 3
years shall be issued with a CDC in the same capacity under these
rules subject to the following conditions, namely:-
(i) the applicant is a citizen of India.
(ii) the applicant shall produce with his application his
passport or his Seafarers' Identity Document possessed
by him giving details of the sea service rendered by him
duly endorsed by the Master or owner or the owner's
authorized agent of the vessel on which the seafarer had
served or the owner’s authorized agent.
(iii)
The applicant is in possession of a certificate
in the prescribed form set out in Annexures “E” and
“F” of the Merchant Shipping (Medical Examination)
Rules 2000, to the effect that he is medically fit to be
employed on board ships.
(iv)
The applicant has undergone the basic familiarization
training and instructions as prescribed under sub-rule (1)
of rule 33 of the Merchant Shipping (Standards of
Training, Certification and Watchkeeping for Seafarer’s)
Rules, 1998.
(v)
Such application shall be submitted to the Shipping
Master's Office within a period of one year from the date
of notification of these Rules in the Official Gazette.
5. Eligibility for Certificated Officers
-
(1) A citizen of India who is in possession of a
valid certificate of competency issued under
Section 78 of the Act or a
Certificate recognised under Section 86
of the Act or who has been declared
successful in the final examination
of the three years B.Sc. (Nautical Science) course approved
by the Director General of Shipping or who has been
declared passed or exempted in Marine Engineer Officer
Class-II Part A Examination , is eligible for issue
of a C.D.C .
(2)
The Trainee Marine Engineer, Trainee
Radio Officers and Deck Cadets, who have completed the
prescribed pre-sea training and are eligible to proceed
to sea shall also be eligible to apply for issue of CDCs
specifying the incumbent’s rank or category.
(3)
Navigational Watch-keeping Officer (NCV), Marine Officer
Class-IV and ex-Indian Naval Officer in possession of a
Watch-keeping Certificate, who have completed written
examination and are required to undergo on board training
for appearing oral examination shall also be eligible to
request for issue of CDCs specifying the incumbent’s rank or
category.
(4)
A citizen of India who is in possession of a valid
Certificate of competency issued by any foreign nation, is
eligible to request for issue of a CDC.
(5)
All the applicants mentioned in sub rules (1) and (2)
above shall have undergone the basic familiarization
training and instructions as prescribed under sub-rule (2)
of rule 33 of the Merchant Shipping (Standards of Training,
Certification and Watchkeeping for Seafarer’s) Rules,
1998.
6. Issue of C.D.Cs
-
(1) The Shipping Master shall, after the
descriptive particulars of the applicant have been entered
in and the photograph affixed to the C.D.C., affix
his signature and official seal on the photograph and
issue the same to the applicant , who
fulfills all the conditions laid down in rules 4 and 5.
(2) A C.D.C. issued under these rules shall be in Form-1 and shall be serially numbered.
Note: Issuance of CDC does not guarantee a job which is the prerogative of the employers.
7. Register of C.D.C.s
-
(1) The Shipping Master shall maintain a
register of C.D.Cs issued to seamen from his port, in Form-2, which shall contain all the particulars recorded in the C.D.C.
(2) All subsequent entries in the C.D.Cs issued
from the port shall also be recorded in the said Register
8. Period of Validity.
-
(1) A C.D.C. granted under these rules
shall be valid for a period of ten years and may be renewed on
expiry or within 6 months prior to date of expiry, on a request
from the holder, for a further period up to ten
years at a time if the holder is a serving Seamen and his
C.D.C. has not been cancelled, withdrawn or suspended
under these rules.
(2)
If the period of validity of CDC of a Seamen expires
during the voyage, it shall continue to be valid till the
end of the voyage.
(3)
A recent photograph taken within the last three months
should be affixed to the CDC at the time of renewal while
retaining the old photograph.
9. Report of desertion etc. -
For the purposes of section 192 of the Act, the proper officer shall be the Shipping Master.
10. Cancellation or suspension of a C.D.C.-
(1) Where the Director General of Shipping is
satisfied that a seamen has committed a misconduct of a
nature specified in section 190 of the Act or on a report
received by him, the Director General is satisfied that
a seamen has deserted his ship in the circumstances
specified in section 192 or that he has been convicted of
an offence of the nature referred to in sub-section (2)
of section 195 of the Act, he may direct to the
shipping master that C.D.C. of such seaman shall be cancelled,
withheld or shall be suspended for a specified period.
(2)
If a seamen lawfully engaged is guilty of an
offence of committing any of the acts mentioned in
section 194 of the Act or is convicted of an offence
under any other law for the time being in
force, the Director General may
direct that C.D.C. of such seaman shall be cancelled
or withheld or suspended for such period as may be specified in the
direction .
(3)
If the Shipping Master has reasons to believe that the
holder of a CDC granted under this rule has obtained the
same making a false or erroneous information, he may cancel
or suspend such CDCs forthwith.
(4)
Where the C.D.C. has been cancelled or
suspended as above, the reasons for the same shall be
intimated to the person in writing to whom it is issued
and a copy of the order of such cancellation or
suspension as the case may be shall be endorsed to all other
Shipping Masters in India and the Director General of Shipping.
(5)
Before cancellation or suspension or
withholding the C.D.C., as the case may be, the
C.D.C. holder shall be given an opportunity to
represent his case before the Shipping Master. The
Shipping Master shall also intimate the reasons of
cancellation or suspension or withholding, as the case may be,
to the C.D.C. holders if the same is decided upon.
11 Appeal
-
(1) Any applicant aggrieved by any order made
under these rules by the shipping master, may, within a
period of 60 days of receipt of such order, prefer an
appeal to the Deputy Director General of Shipping dealing
with CDC.
(2)
Any applicant aggrieved by any order made under
sub-rule(1) of rules-11 by the Deputy Director General of
Shipping, may prefer an appeal to the Director General of
Shipping within a period of 60 days of receipt of such
order by him. In such cases, the decision of the Director
General of Shipping on such appeal shall be final.
(3)
No appeal shall be admitted if it is preferred after the
expirty of the period prescribed under sub-rule (1) and (2)
; provided that an appeal may be admitted after the expiry
of period prescribed therefore, if the applicant satisfies
the appellate authority that he had sufficient cause for
not preferring the appeal within the prescribed period.
12. Register of cancelled C.D.C. etc
- The Shipping Master shall maintain a register
of C.D.Cs which have been withheld, cancelled or
suspended, under rule 10 of these Rules .
13. C.D.C. not to be issued in certain cases
-
(1) No C.D.C. shall be issued to an
applicant under these rules whose application has been
cancelled or suspended by a Shipping Master of one port and
who applies to the Shipping Master of another port by
suppressing this fact.
(2)
Where the request for the issue of C.D.C. is
cancelled or suspended, the reasons for the such
cancellation or suspension shall be intimated to the
applicant and a copy of the such order shall be endorsed to all
other Shipping Masters and the Director General of Shipping
(3)
No CDC shall be issued to an applicant against whom a
written debarment order or orders have been passed by a
Shipping Masters unless the said order has been set aside
by the Director General of Shipping.
14. Duplicate C.D.C.
- Where a C.D.C. of a person, if he is a serving seaman,
issued under these rules, is mislaid, destroyed, defaced or
mutilated, such seaman may apply to the Shipping Master
of the port concerned along with a fee of rupees one thousand
for issuance of a duplicate copy of the C.D.C., with
all entries of the previous voyages or a summary of these
recorded therein.
15. Returns of C.D.C.
- Every Shipping Master shall, at the
beginning of each quarter furnish to the Director General of
Shipping a return in Form-3 of the number of C.D.Cs issued to seamen from his port during the previous quarter.
16. Entry on Discharge
-
(1) At the time of discharge the seamen shall,
if he so desires, be granted, by the Master of
the ship on which he has been serving an entry in
the C.D.C. specifying the particulars referred in
sub-section (2) of section 120 of the Act.
(2)
The entries made in the C.D.C. shall be attested by
the Shipping Master of the port of discharge and
thereafter the C.D.C. shall be returned to the seamen
concerned.
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